NUISANCE,

MALICIOUS PROSECUTION
AND NEGLIGENCE
LEGAL REASONING
CLAT 2015
NUISANCE

• MEANING:-
• UNREASONABLE INTERFERENCE
• OVER A PERSON’S RIGHT
• IN CONNECTION WITH
• PROPERTY – MOVABLE / IMMOVABLE

• EXAMPLE: NEIGHBOUR SETTING FIRE TO LEAVES, SMOKES YOUR

HOUSE
KINDS OF NUISANCE

• [1] PUBLIC NUISANCE

• CRIMINAL NATURE (felonious tort)
• NUISANCE TO PUBLIC IN GENERAL
• [2] PRIVATE NUISANCE
• UNREASONABLE INTEFERENCE BY DEFENDANT
• CAUSING DAMAGES
• TO A SPECIFIC PLAINTIFF
NEGLIGENCE

• MEANS:
• FAILING TO PERFORM A DUTY

• REQUIREMENTS OF NEGLIGENCE:
• [1] OWING A DUTY OF CARE
• [2] FAILED TO PERFORM SUCH DUTY
• [3] RESULTING INTO DAMAGES
DOCTRINE OF RES IPSA LOQUITOR

• MEANS:
• THE THING SPEAKS FOR ITSELF

• ESSENTIALS:
• [1] INCIDENT HAPPENED
• [2] CAUSING INJURY
• [3] THE DEFENDANT WAS NOT IN CONTROL OF HAPPENING
CONTRIBUTORY NEGLIGENCE

• WHEN PLAINTIFF HIMSELF ADDED TO THE TORT WHICH CAUSED

DAMAGE

• EXAMPLE: PEEING OUT OF A BUS WINDOW, CAUSING PHYSICAL

INJURIES TO ONE-SELF DUE TO RASH DRIVING. THE DAMAGES
CANNOT BE UNANIMOUSLY CLAIMED.
MALICIOUS PROSECUTION

• MALICE MEANS BAD INTENTION

• PROSECUTING A PERSON UNDER MALICE, WITH NO RELIABLE CAUSE
AND INTENTION
• ESSENTIALS:
• [1] PROSECUTION BY TORT FEASOR
• [2] WITHOUT PROBABLE CAUSE
• [3] WITH ACQUITTAL AS RESULT
• [4] SUFFERING DAMAGES
end

• Questions??????????????